Seems like Justice Michael Kirby is an adherer to the idea of a "Living Constitution." Would it be fair to compare him to US Supreme Court Justices such as Stevens, Breyer, Ginsberg etc?
@mozpiano2 Outside of the USA, the notion that a Constitution is a living instrument is pretty uncontroversial in the common-law world. The European Court of Human Rights (dealing primarily with cases from civil-law jurisdictions) also treats the European Convention as such.
Living in Britain, it's weird not to see people in a position as respectable and educated as a judge, talking with an accent no different than someone who may be found digging the roads!
@caversmill It's not how you say the words, my friend, it's the words you choose to use. Anyway, you obviously haven't heard the Australian accent at its finest if you think that's how a council worker speaks.
WAKE UP - the entire judiciary is by it's very nature corrupt and presides over a constitution that is completely illegal and as such debating points of law is a farce!
They wear robes and wigs and robs because they are ACTORS.
They enforce UK maritime admiralty statute - they have no jurisdiction over ANY native born Australians - IT IS ALL ILLEGAL - GET IT YET IDIOTS?
Hey OzTrackDays what is the legal basis of your argument? On what grounds do you say that the constitution is illegal? If you are going call others idiots the least you could do is state your grounds. You can't just say "its illegal" What evidence do you have?
@BondBomber Well, it was actually settled. I understand where you are going with your debate though. Which is fair enough. The distinction between whether Australia was invaded or settled is not the real issue (unless you prove otherwise). But saying that the Constitution is illegal because Australia was invaded is insufficient to constitute evidence.
@internetmarketing1 the act to constitute the constitution of Australia 1900 UK is and remains an act of the UK parliment. Search for "The hidden colony" if you wish to be educated on the matter. Mark McMurtie also talks about if at length on you tube.
@OzTrackDays and big deal the law allowing us to federate is an UK act of parliament but the Constitution itself is a legal document written by Australians for Australians if the UK was to revoke the Act it would mean nothing as we are not legislatively inferior to them and how about this is the UK illegal since they don't have a constitution.
Bondbomber, do you know where we can get the full version of this doco?
TheDevil1912 1 month ago
<3 Kirby J
rilasciando1 5 months ago
LOL Kirby J loves to advance changes in the common law he just can't help it!
mowshetung 9 months ago
Wow - Kartinyeri. I'm doing this case right now in my Public Law unit.
mowshetung 9 months ago
Seems like Justice Michael Kirby is an adherer to the idea of a "Living Constitution." Would it be fair to compare him to US Supreme Court Justices such as Stevens, Breyer, Ginsberg etc?
mozpiano2 1 year ago
@mozpiano2 Outside of the USA, the notion that a Constitution is a living instrument is pretty uncontroversial in the common-law world. The European Court of Human Rights (dealing primarily with cases from civil-law jurisdictions) also treats the European Convention as such.
DHTCF 6 months ago
Living in Britain, it's weird not to see people in a position as respectable and educated as a judge, talking with an accent no different than someone who may be found digging the roads!
caversmill 1 year ago
@caversmill That's exactly what makes Australia such a great country. The issue of class is virtually unheard of.
1dschamp 1 year ago
@caversmill It's not how you say the words, my friend, it's the words you choose to use. Anyway, you obviously haven't heard the Australian accent at its finest if you think that's how a council worker speaks.
Traffordsgoogle 1 year ago
WAKE UP - the entire judiciary is by it's very nature corrupt and presides over a constitution that is completely illegal and as such debating points of law is a farce!
They wear robes and wigs and robs because they are ACTORS.
They enforce UK maritime admiralty statute - they have no jurisdiction over ANY native born Australians - IT IS ALL ILLEGAL - GET IT YET IDIOTS?
OzTrackDays 2 years ago
Authority?
TheInfinite91 2 years ago
Hey OzTrackDays what is the legal basis of your argument? On what grounds do you say that the constitution is illegal? If you are going call others idiots the least you could do is state your grounds. You can't just say "its illegal" What evidence do you have?
internetmarketing1 2 years ago
@internetmarketing1 Because the country was invaded !
BondBomber 1 year ago
@BondBomber Well, it was actually settled. I understand where you are going with your debate though. Which is fair enough. The distinction between whether Australia was invaded or settled is not the real issue (unless you prove otherwise). But saying that the Constitution is illegal because Australia was invaded is insufficient to constitute evidence.
internetmarketing1 1 year ago
@internetmarketing1 the act to constitute the constitution of Australia 1900 UK is and remains an act of the UK parliment. Search for "The hidden colony" if you wish to be educated on the matter. Mark McMurtie also talks about if at length on you tube.
OzTrackDays 1 year ago
@OzTrackDays and big deal the law allowing us to federate is an UK act of parliament but the Constitution itself is a legal document written by Australians for Australians if the UK was to revoke the Act it would mean nothing as we are not legislatively inferior to them and how about this is the UK illegal since they don't have a constitution.
irishgodfatherchris 1 year ago
@OzTrackDays: they actually wear wigs and robes to differentiate themselves with the rest of the people in court, giving them more authority...
Timofifi 1 year ago
No way, Callinan is the man.
BondBomber 2 years ago
callinan should have disqualified himself...
sbhs4ever1 2 years ago 2
No way.
BondBomber 2 years ago
Yes, he should have. There was an obvious conflict of interest in him sitting on the case.
VilliersBretonneux 2 years ago
What was the situation? Did Callinan J have a conflict of interest or display some act of non judical power outside of court?
ewhi1 2 years ago
was this before or after the barbie?
lotsofxx 2 years ago
so who won the case? lol
sammygee17 3 years ago
The Cth.
BondBomber 3 years ago
5:14, Kirby J shutting down the Commonwealth...hilarious.
nupei 3 years ago 3
Cth won, they didnt get shut down.
BondBomber 3 years ago
Still got shut down on that point chief.
CrystalCanyons 2 years ago
Correct, Kirby J was part of the majority, even though he testing the QC for the Cth.
ewhi1 2 years ago
JUSTICE KIRBY RULES, read his judgement, i love this guy.
tagimoucia7 3 years ago
thank you for adding this. it's excellent to have something intellectually stimulating on youtube
hockia02 3 years ago 3
Yes I agree.
BondBomber 3 years ago
Yes, thank you very much for such an enlightening clip
jacckktan 2 years ago
Please watch following videos
youtube com
watch?v=5_WQU9blWaY
watch?v=KUMmRAIC_3o
watch?v=bJfAID3FyHk
courtinjusticeuk 2 years ago
Thanks a lot for this video, Do you have any more of these types of videos showing Justices of the High Court speaking?
wrathchild6666 3 years ago
yes I do, but its time some of you guys started staying up late and taping them off the tv and hunting for them like i do !!!
BondBomber 3 years ago
What channel do you find these things on?
wrathchild6666 3 years ago
Ha ! Thats the trick, youve got to search for it!! Ive got alot of it off ABC TV
BondBomber 3 years ago
Cool thanks for the tips! I'll be sure to look out in the future.
wrathchild6666 3 years ago
Justice Kirby really does stand out and bring up some good points.
dimi699 3 years ago 2